Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

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2. Lease of City Van to 100 Black Men of the Bay Area Community SchoolFrom: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,262–N.S. authorizing the City Manager to lease a surplus City vehicle to 100 Black Men of the Bay Area Community School for official school purposes, including the transport of students to the Oakland campus.First Reading Vote: All ayesFinancial Implications: See reportContact: William Rogers, City Manager’s Office, 981-7000Action: Adopted second reading of Ordinance No. 7,262–N.S.

9. Contract: Bananas for Childcare SubsidiesFrom: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Bananas for an amount not to exceed $202,765 for childcare subsidies for low-income Berkeley families from December 1, 2012 through June 30, 2013.Financial Implications: General Fund - $202,765 (re-allocation)Contact: Jane Micallef, Health, Housing and Community Services, 981-5400Action: Adopted Resolution No. 65,932–N.S.

1. Accept grant funds from the Berkeley High School Development Group in the amount of $7,150 for the 2012-2013 academic school year to ensure the provision of alcohol and substance use prevention activities and provide related services;

2. Enter into a personal services expenditure contract with Ralph Cantor, consultant, as a single source vendor, in the amount of $6,800; and

12. Revenue Grant: U.S. Food and Drug Administration for Local Retail Food Safety Program PlanFrom: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a five year revenue grant award from the U.S. Food and Drug Administration (FDA) in the total amount of $350,000, beginning in FY 2013 through FY 2017, for developing and implementing a local Retail Food Safety Program Plan and executing any resultant revenue agreements and amendments.Financial Implications: $350,000 (grant)Contact: Jane Micallef, Health, Housing and Community Services, 981-5400Action: Adopted Resolution No. 65,935–N.S.

15. Lease Agreement: The Framer's Outlet at 2435 Channing WayFrom: City ManagerRecommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with The Framer's Outlet, for an initial term starting February 1, 2013 through January 31, 2018, with an option to extend for an additional 5 years, for the purpose of operating a ready-made frame outlet at 2435 Channing Way in the Telegraph Channing Garage Shops.Financial Implications: See reportContact: Andrew Clough, Public Works, 981-6300Action: Adopted first reading of Ordinance No. 7,270–N.S. Second reading scheduled for November 27, 2012.

Council Consent Items

16. Second Annual Martin Luther King Jr. Celebration January 21, 2013: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such FundsFrom: Mayor Bates, Councilmembers Anderson and MooreRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Bates to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 2nd Annual Martin Luther King Jr. Celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.Financial Implications: Mayor’s Discretionary Fund - $250Contact: Tom Bates, 981-7100; Max Anderson, Councilmember, District 3, 981-7130; Darryl Moore, Councilmember, District 2, 981-7120Action: Adopted Resolution No. 65,939–N.S. Amended to include contributions from following Councilmembers up to the amount listed: Councilmember Maio - $250, Councilmember Arreguin - $250, Councilmember Wengraf - $250.

1. Requesting that the State Board of Equalization and the Alameda County Tax Assessor investigate the continued tax exempt status of Alta Bates Summit Medical Center and

2. Requiring annual reporting of charity care by nonprofit hospitals to the City of Berkeley.

Financial Implications: UnknownContact: Jesse Arreguín, Councilmember, District 4, 981-7140Action: Moved to Action Calendar. 6 speakers. M/S/C (Wozniak/Capitelli) to refer the item to the Community Health Commission for review and report back, and refer to the Agenda Committee to schedule a presentation by Alta Bates Sutter at a City Council Work Session. Also request that the Community Health Commission make a recommendation about an annual report.Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – Moore, Anderson, Arreguin.

Recess: 9:07 p.m. – 9:17 p.m.

19. MACHIK: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such FundsFrom: Councilmember WorthingtonRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Worthington, to support ACHA-Tibetan Sisterhood, c/o MACHIK, with funds relinquished to the City’s general fund for this purpose that the City of Berkeley provide fiscal sponsorship for the organization’s initial two years from Councilmember Worthington’s discretionary Council Office Budget and any other Councilmembers who would like to contribute.Financial Implications: Councilmember’s Discretionary Fund - $500Contact: Kriss Worthington, Councilmember, District 7, 981-7170Action: Adopted Resolution No. 65,940–N.S. Amended to include a contribution from Councilmember Anderson up to the amount of $200.Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – None; Abstain – Capitelli, Wengraf, Wozniak

20. Supporting Oakland’s Lawsuit to Stop Seizure of Property of Oakland Medical Marijuana DispensaryFrom: Councilmember WorthingtonRecommendation: Adopt a Resolution supporting Oakland’s lawsuit and offer legal support, including but not limited to coordinating with the City of Oakland the possibility of filing an amicus brief and providing other legal assistance to the Oakland City Attorney challenging the US Attorney’s attacks on regulated medical marijuana facilities.Financial Implications: UnknownContact: Kriss Worthington, Councilmember, District 7, 981-7170Action: Moved to Action Calendar. 9 speakers. M/S/C (Maio/Moore) to send a letter indicating the City’s support of the Oakland lawsuit to the U.S. Attorney and the Oakland City Attorney; request staff to monitor the lawsuit, to advise and consult with the Council on when, and if, to file an amicus brief as well as additional action the City might take as the suit proceeds.Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Wengraf.

1. Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030 and, upon conclusion, direct staff to return with a Resolution on November 27, 2012 determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC Section 23A.12.010 and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and

1. The City Manager’s recommendation to direct staff to return with a Resolution on November 27, 2012 determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC Section 23A.12.010 and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and

2. Continue the Council’s consideration to November 27, 2012 for adoption of the Resolution.

c. First reading of Ordinance No. 7,273–N.S. amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to July 1, 2013. Second reading scheduled for November 27, 2012.

24. Community Choice AggregationFrom: Energy CommissionRecommendation: Send two letters to the East Bay Municipal Utility District (EBMUD) Board of Directors: 1) presenting the City’s recommended basic principles regarding an East Bay community choice aggregation (CCA); and 2) identifying questions and issues that EBMUD should consider in its analysis of CCA.Financial Implications: See reportContact: Neal De Snoo, Commission Secretary, 981-7439

CommunicationsCouncil rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.